#MeToo and Federal Law: Will the Courts Ever Catch Up? General Counsel

The #MeToo movement has radically changed the way society views sexual harassment. While it has been a pervasive problem in most workplaces for years, #MeToo has dramatically thrust sexual harassment into a global spotlight. With the public’s attention captured, many silent victims have been prompted to speak out, motivating employers to respond lest they face the wrath of employees and consequences of perceived inaction.

Despite #MeToo’s global impact, the current state of American law is clearly at odds with the cultural changes #MeToo advocates. The law’s concern is much narrower. Will these differences persist, or will the federal courts warm to the fact that the protection they offer is not enough? Should they even consider lowering the thresholds to incorporate new codes of civility?